Navigating the complexities of criminal charges in Ohio can be an overwhelming and anxiety-inducing experience. A criminal conviction can have far-reaching consequences, including hefty fines, jail time and a permanent mark on your record that can affect employment opportunities and personal relationships. However, facing criminal charges does not necessarily mean a conviction is inevitable. With the assistance of an experienced attorney from the Comunale Law Office, you may have a viable path to getting your charges dismissed.
Factors That Could Lead to Dismissal of Criminal Charges
1. Lack of Probable Cause
For an arrest to be lawful, the police must have a reasonable basis to suspect your involvement in a crime. This requirement is known as “probable cause.” If your attorney can demonstrate that the police lacked probable cause when they arrested you, it may be possible to have the charges dismissed. For instance, if you were stopped and arrested based merely on a vague description that doesn’t match you or your vehicle, this could be grounds for dismissal.
2. Inadequate Evidence
A fundamental principle of our justice system is that you are presumed innocent until proven guilty. To secure a conviction, prosecutors must present sufficient evidence to support the allegation that you committed the crime. If the evidence against you is weak or merely circumstantial, your attorney can argue that the prosecution has not met its burden of proof.
3. Unlawful Search and Seizure
The right to be free from unreasonable searches and seizures is guaranteed under the Fourth Amendment. Police can only search you, your vehicle or your residence under specific legal conditions. If it can be shown that the police conducted an unlawful search—such as searching your home without a warrant or probable cause—any evidence obtained during that search may be inadmissible in court. Without this evidence, the prosecution’s case might fall apart, resulting in a dismissal of charges.
4. Prosecutor’s Discretion
In some cases, the prosecuting attorney may decide to dismiss certain charges, especially minor offenses or cases involving individuals with no prior criminal record. Factors such as the severity of the alleged crime, the defendant’s criminal history and the circumstances surrounding the offense can influence this decision. An experienced defense attorney can negotiate with the prosecutor, potentially leading to a dismissal in exchange for community service or participation in a diversion program.
5. Jurisdictional Issues
Jurisdiction refers to the authority granted to a court to hear a case and make legal decisions. If your case is filed in a court that lacks proper jurisdiction, the charges may be dismissed. This could happen if a state prosecutor attempts to prosecute a crime that should fall under federal jurisdiction or if the alleged crime occurred in a different state. Your defense attorney will examine the specifics of your case to ensure it is being heard in the correct jurisdiction and challenge any discrepancies.
Take Control of Your Future
Facing criminal charges is daunting, but dismissal of those charges is a powerful form of defense that can help you avoid the severe consequences of a conviction. At the Comunale Law Office, we are dedicated to protecting the rights of our clients and providing aggressive representation with a personal, hands-on approach. If you are confronting criminal charges in Ohio, contact us today for a case evaluation.
